[Ord. 83, 3/1/1948, § 1; as amended by Ord. 1999-3,
4/5/1999, § 1]
1.
It shall be unlawful for any person, firm or corporation owning or
having a present interest in any real estate in the Borough of Burnham,
either as owner or as occupier, to permit snow and/or ice to remain
upon the sidewalks abutting any real estate owned or occupied by any
person, firm or corporation for more than 24 hours after the snow
and/or ice has stopped falling or within 24 hours after the ice has
formed.
2.
It shall be the duty of both the owner and, if the property is occupied
by someone other than the owner, the occupier of the property to:
A.
Remove the snow and/or ice; or,
B.
If the accumulation of ice on a sidewalk it so thick that it cannot
be removed without damaging the sidewalk, then, within 24 hours after
the ice has formed, the owner and/or occupier shall spread sufficient
sand and/or other anti-slip material on the ice on the sidewalk so
as to make pedestrian use reasonably safe and "hazard-free" and shall
spread sufficient salt or other deicing material(s) on the ice on
the sidewalk so as to hasten the breaking, splitting or melting of
the ice as soon as reasonably possible after its formation. The owner
and the occupier, if any, shall be jointly and severally or separately
responsible to comply with this Part.
3.
In default of the removal of the snow and/or ice or, in the case
of ice so thick that it cannot be removed without damaging the sidewalk,
the spreading of sand and/or other anti-slip material, as aforesaid,
within the said 24 hours after the snow and/or ice has fallen and/or
the ice has accumulated, the Department of Ordinance Enforcement of
the Borough of Burnham shall issue a written notice advising the owner
and/or occupier of the requirements of this Part, requesting that
the owner and/or occupier of the property comply within 24 hours of
service of the written notice or, in default thereof, be subject to
the provisions of "§ 302. Penalty" and/or "§ 303.
Failure to Remove Snow/Ice; Borough May do and Collect Cost," of this
Part. Service shall be either in person or by mail, as follows:
A.
Such notice shall be served upon the owner or his or her agent or
on the occupier or other person in charge of the premises, as the
case may require, by person service or by mailing a copy of such notice
by registered or certified mail, return receipt requested, to the
last known address of the owner and/or occupier. Where such person
cannot be found, service may be made by posting a copy of such notice
in or about the dwelling or premises affected by the notice. Furthermore,
such notice may be served by any other method authorized or required
under the laws of the Commonwealth of Pennsylvania.
B.
Service shall be complete upon delivery if served personally, upon
mailing if served by mail and upon posting if served by posting.
[Ord. 83, 3/1/1948, § 3; as amended by Ord. 1995-2,
3/14/1995]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
[Ord. 83, 3/1/1948, § 3; as amended by Ord. 1995-2,
3/14/1995]
Any show or ice which is not removed in accordance with the
provisions of this Part is hereby declared to be a nuisance and detrimental
to the health, safety and comfort of the inhabitants of the Borough.
If any person, firm or corporation shall fail to remove or cause to
be removed such snow or ice as required by the provisions of this
Part, such snow or ice shall be removed by and under the direction
of the Borough Street Department or other person designated by Council,
and the cost and expense thereof shall be collected by lien or by
action in assumpsit or in any other manner which may be provided by
law.
